DSS Technology Management, Inc. v. Apple, Inc.

Filing 288

ORDER by Judge Haywood S. Gilliam, Jr. Granting 284 Stipulation Extending Deadline Pursuant to Local Rule 79-5. (ndrS, COURT STAFF) (Filed on 10/22/2019)

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CHRISTOPHER M. JOE (Admitted PHV)
[e-mail]
ERIC W. BUETHER (Admitted PHV)
[e-mail]
BRIAN A. CARPENTER (CA 262349)
[e-mail]
KENNETH P. KULA (Admitted PHV)
[e-mail]
NIKY R. BAGLEY (Admitted PHV)
[e-mail]
BUETHER JOE & CARPENTER, LLC
1700 Pacific Avenue, Suite 4750
Dallas, Texas 75201
Telephone: [phone]
Facsimile:
[phone]
MARC A. FENSTER
State Bar No. 181067
[e-mail]
ADAM S. HOFFMAN
State Bar No. 218740
[e-mail]
RUSS, AUGUST & KABAT
12424 Wilshire Blvd., 12th Floor
Los Angeles, CA 90025
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Plaintiff
DSS Technology Management, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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DSS TECHNOLOGY MANAGEMENT,
INC.,

CASE NO. 4:14-cv-05330 HSG

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Plaintiff,
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v.

STIPULATION AND ORDER
EXTENDING DEADLINE
PURSUANT TO LOCAL RULE 79-5

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APPLE INC.,
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Defendant.
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-1STIPULATION AND ORDER EXTENDING DEADLINE
– CASE NO. 4:14-CV-05330 HSG

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Pursuant to Civil L.R. 6-1(b), 6-2, and 7-12, non-party Stragent, LLC, plaintiff DSS

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Technology Management, Inc. (“DSS”), and defendant Apple Inc. (“Apple”) (collectively, the

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“Parties”), by and through their respective counsel, stipulate and agree as follows:

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WHEREAS, on October 17, 2019, DSS filed a Notice of Motion and Motion for Partial

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Summary Judgment (Dkt. 258) and the Declarations of Brian Carpenter (Dkt. 258-2), and Scott

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Denning, as well as exhibits in support thereof (Dkt. No. 260) (collectively, the “Motion”);

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WHEREAS DSS’s Motion references or includes information produced by Stragent in

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response to a subpoena, as well as personal and confidential information in the Denning

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declaration, some of which was designated and marked as “Confidential – Attorneys’ Eyes Only”

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by Stragent or other third parties pursuant to the protective order entered in this case;

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WHEREAS, on October 17, 2019, DSS filed an Administrative Motion to File Document

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Under Seal (Dkt. No. 261) (the “Sealing Motion”), regarding the confidential information

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produced by Stragent or included by Denning (the “non-parties”) and filed by DSS in connection

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with its Motion;

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WHEREAS, Local Rule 79-5 requires the non-parties to submit a response and

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declaration to the Court in support of sealing its confidential material within 4 days of the filing

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of DSS’s Sealing Motion;

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WHEREAS, the non-parties received notice of DSS’s filing of its confidential information

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after close of business hours on October 17, 2019, and the deadline for them to file their

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respective response to the Sealing Motion is currently October 21, 2019, just two business days

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after having receiving notice of the Sealing Motion;

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WHEREAS, in order to provide the non-parties with adequate time to evaluate the

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material filed by Apple and prepare, as necessary, response(s) and declaration(s) in support of

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sealing, all Parties have conferred and agreed to extend the deadline for Stragent and Denning to

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file response(s) and declaration(s) to DSS’s Sealing Motion by one week, until October 28, 2019;

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WHEREAS, the Parties agree that no party will be prejudiced and no other deadlines will
be affected by the extension.
-2STIPULATION AND ORDER EXTENDING DEADLINE
– CASE NO. 4:14-CV-05330 HSG

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IT IS HEREBY STIPULATED AND AGREED by the Parties as follows:

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Subject to the Court’s approval, Stragent and Denning’s deadline to submit response(s)

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and declaration(s) regarding DSS’s Sealing Motion pursuant to Local Rule 79-5 is extended up to

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and until October 28, 2019.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: October 21, 2019

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/s/ Kenneth P. Kula
Kenneth P. Kula
BUETHER JOE & CARPENTER, LLC
1700 Pacific Avenue
Suite 4750
Dallas, TX 75201
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
ATTORNEYS FOR NON-PARTY
STRAGENT, LLC

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/s/ Kenneth P. Kula
Kenneth P. Kula
BUETHER JOE & CARPENTER, LLC
1700 Pacific Avenue
Suite 4750
Dallas, TX 75201
Telephone: [phone]
Facsimile:
[phone]
Email: [e-mail]

/s/ Hannah Cannom (by permission)
Hannah Cannom
WALKER STEVENS CANNOM LLP
500 Molino Street
Suite 118
Los Angeles, CA 90013
Telephone:
[phone]
Email: [e-mail]

ATTORNEYS FOR PLAINTIFF
DSS TECHNOLOGY MANAGEMENT, INC.

ATTORNEYS FOR DEFENDANT
APPLE INC.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

10/22/2019

Honorable Haywood S. Gilliam, Jr.
United States District Judge

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-3STIPULATION AND ORDER EXTENDING DEADLINE
– CASE NO. 4:14-CV-05330 HSG